08-200Council File # Q� -a00
Green Sheet # 305 0''�3`)
Presented by
BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
hearing record and testimony heard at public heazing on February 20, 2008 hereby memorializes its
decision to certify and approve the February 12, 2008 decision of the Legislative Hearing Officer for the
foilowing address:
m
1
?
3
4
;
C
7
8
q
10
II
ADDRESS
804-806 4` Street East
APELLANT
Irwinna P. Mitsch
Decision: Appeal denied and granting an extension to Februazy 29, 2008.
Carter
6osYrom
Harris
Helgen
Yeas
Absent
Requested by Department of:
Stark
Thune
Adopted by Council: Date
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
✓
�
Adoption Certified by Council Secretary
By: '
Approved�b Qr Date � 1( Q
�Y� . M�X�f'�1`� �
�
Form Approved by City Attorney
By ' - - - - -
Fottn Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
6� ��-O6
Cp - Counc�l
: ConWc[ Person & Phon¢:
' Marcia Moertnond
6-8570
' Must Be on Council Agenda by (D
' Doc. RESOLUTION
� E-DOCUment ReqUired: Y
', Document Contact: Mai Vang
� Contact Phone: 6-8563
22-FEB-OS I Green Sheet NO: 3050337
� vcymunrnn aeua �
0 ouocil
ASSign 1 onncil De artment Direcror
Number Z � Clerk C1NC1erk
For
Routing 3
Ortler 4
5
I, �TOtal # of Signature Pages ` (Ciip Ali Locations for Signafure)
Action Requested:
�' Rcsolution memorializing City Council action taken February 20, 2008 denying [he appeal and granting an extension to February 29,
2008 for property at 804-806 4th Street East, per the recommenda[ion of [he Legislative Hearing Officer. '
I Rec
iaauons' Hpprove (H1 or n
Planning Commission
GIB Committee
Crvil Service Commission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
Current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
', Inihating Problem, Issues, Opportunity (Who, What, When, Where, Why):
! Advantages If Approved:
I
Disad�antages If Approved:
i
�' Disadvantages If Not Approved:
Transaction:
Punding Source:
Fi nancial I nformation:
(Explain)
CosURevenue Budgeted:
Activity Number:
February 22, 2008 938 AM Page 1
;;`"'
�4�
:�
�° „��������� ,-
d nil 111 �
�'"4n. `�-a ��
February 5, 2008
Irwinna P. Mitsch
80G 4 Street E.
St. Paul, MN 55106-5145
RE: appeal for 804 4� Street E.
Dear Ms. Mitsch:
CITY OF SAINT PAUL
CITY CLERK'S OFFICE
Your application for an appeal has been received and processed.
l: . /I
Please attend the public hearing before the Legislative Hearing Officer on Tuesday, February
12, 2008 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal
concerning the above referenced property. At that time the Legislative Hearing Officerwill hear
all parties relative to this action.
Failure to appear at the hearing may result in denial of your appeal.
Sin�erely,
r'
� ' ��
� � 7'7"'
Shari Moore
City Cferk
cc. Dick Lippert, DSI Manager
Jack Reardon, DSI (Code Enforcement)
Marcia Moermond, Legislative Hearing Offiicer
15 WF.ST KELLOGG BOULEV ARD, SUITE 31Q SATNT PAUI, MINNESOTA55102 Tel: 651-26f>8688 Fas: 651-266-8574
www.stpaul.gov
A:1-ADA-EEO Employer
I: i �/
APPLICATION F4R APPEAL
Saint Paul City Clerk
l5 W. Kellogg Blvd., 310 City Hall
Saint Paui, Minnesota 55102
Telephone: (651) 266-8688
1. Ad_ dr�ss o�Prop�bein�
�� Lfi-��11 �
�r� lp �` � '
_;
4. Name of Owner: �
Address:_��.L__J_—L
Phone Number�.�usi�
�! �
FF ��F/���
c,� s2p
cC ���
2. Number of Dwelling Units: � 3. Date of Letter Apgaaled:
City:
5. Appellant / Applicant (if other than owner):
Address
Phone Numb�s: Business
City:
Residence
M �u �
Cellular
necessary condition for filing. You must attacb a copy of the original�orders and any other correspondence relative
to ttus appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review by
timely filing of an acuon as provided by ]aw in District Court.
For Office Use Onl
Received: Fee Received: Receipt
6 State specifically what is being appealed and why (Use an attachinent if necessary):
CITY OF SAINT PAUL Q�'��
DEPARTMENI' OF SAFETY AND INSPECTIONS
DIVISION OF CODE ENFORCEMENT
1600 White Bear Avenue
Saint Paul, MN 55106
SUMMARY ASATEMENT ORDER
Januarc� 30. 2008
Inspection Date
t-3i-�
Date Mailed
�
Mailed By (init)
Yog hais tias koj I�ais lus Hmoob tlriab koj tsis to taub tsab ntawv no, hu rau tus tYhais lus ntawm (651) 266-1918. Nws yog pab
dawb zwb. Si usted hab]a el Espanol y no entiende esta nota, llama (651)266-6008 paza un ffaductor. No costo.
Irwinna P Mitsch
804 4th St E
StPaul MN 55106-5145
As owner_ or person�s) responsible for: 806 4TH S'I' Eygu are hereb�� c�rdered to�liminate
conditions which are in violation of Chapter 45 of Sainf�aul Legislative Code.
�
�
�
�
Remove improperly stored or accumulated ref€�se including: garbage, rubbish, discarded furnitu:�e,
appliances, velticle parts, scrap wood and metal, recycling materials, household items, building ,.
materials or rubble, tires, brush, etc., from yard areas. Also aU construc[ion debris! ,,/
Cut and remove tall grass, weeds and rank plant growth. (�� ,^(� � �Ft� ��
) -t�' �'"
Remove and properly dispose of all animal feces from yard areas. �
IlVIlVi�DIATELY secure all buildings wluch are open to unauthorized entry, including:
� Other:
�- �
If you do not correct the nuisance or file an appeal before February 06, 2008, Yhe City will corcect the nuisance and chazge all
costs, including boazding costs, against Yhe property as a special assessment to be collected in the same way as property taxes.
Chazees: If the Ciry corrects the nuisance, the charges will include the cost of correcflon, inspection,l�avel time, equipment,
eta The rate will be approximately $260.00 per hour plus expenses for abatement.
You must maintain the premises in a clean condition and
provide proper and adequate refuse storage at all times
FA�i,i�12F T C �NI�.Y �+ IN �. Cl�Ill��NA� �I`I'�'�I�?�
Issued by: 7ack Reazdon Badge Number 324 Phone Number 651-266-1913 �
If you have any questions about tlds order, the requirements or the deadline, you shauld
contact the Inspector listed above, Monday through Friday.
I
Anpeals: You may appea7 this order and obtain a heanng before the City Council by compleling an
deadtine noted above or seven (7) days after the date mailed, whichever comes firsG No anneals m
Correction Order with vour appe 1 airolicatio .
with the City Clerk before the appeal
* W?.RNING Code inspection and enforcement Mps cost the taa�payzrs money. If the violations are not corrected vntUin the time period required m this
noHce, the city's costs m conduc4ng a remspection after the due date for eompliance will be collected frnm the owner rather than being-paidby the tacpayers of
the ciTy. If addit�onal new violaeons are discovered within the nex[ followmg 12 months, the ciry's cosTS in conducring addil�onal mspeceons at this same
iocation within such 12 months will be collected from [he owner rather than being paid by the taxpayers of the ciTy. Any such future costs will be collected by
assessment against the real property and aze in addition to any othet fines or assessments which may be levied against you and your properiy,
sa60158 10/07
CITY OF SAINT PAUL
DEPARTMENT OF SAFETY AND INSPECTIONS
DIVISION OF CODE ENFORCEMENT bd
1600 White $ear Avenue b � � �
Saint Paul, MN 55106
VEHICLE ABAT�'MENT ORDER
Irwiuna P Mitsch .
804 4th St E
St Paul Mi3 55106-5145
As owner or person(s) responsible for 806 4TH ST E
YOU ARE HEREBY NOTIFIED THAT TH
License
Violarion
OF THE SA1NT PAUL
#I
—{- Ford TLL -
Black
KGT-445 June 07
#4
CODE: A- Lacks current license/rabs
B - Open to enhy/unsecured
C - Missing vital parts/dismantled
Januarv 30, 2008
Inspection Date
J-3�-�
Date jvlailed
� 5
Mailed By (inil)
VEHICLES ARE IN VIOLATION
CHAPTERS 45, OR 163:
#2
#5
#3
E - Unimproved surface
F - Other violarion
FAILURE TO COMPLY MAY RESULTS IN TAGGING AND(OR TOWING.
#6
CHARGES: If the City impounds and disposes of the vehicle(s), the charges assessed to the above
properly will be approximately $1,000.00 for each vehicle. This charge does not include impound fees
and other related costs for release of vehicle(s). �� . _
Vehicles found to be in violation on or after FCbCUaI'y O6, 20�8 will be removed, impounded and disposed of in
accordance with taw. The cost of this abatement will be charged against the property as a special assessment to be
collected in the same way as property tases. Noncompliance with this order and repeat violations will result in the
issuance of criminal citation
Issued by: Jack Re¢rdon Badge Number: 324 Phone Number: 651-266-1913
A�oeals; You tnay appeal this order and obtain a hearing before the Ciry Council by completing an appeal application vaith the City Cterk before the
appeal deadline noted above or seven ("n days after the date mailed, whichever comes fust. No appeals may be filed after that date. You may obtain
an appeal applicarion from the City Clerk's Office, Room 31 Q City Ha11, St. Paul, MN 551�2. The telephone number is (651) 266-8688. You must
submit a copy of this Vehicle Violarion Notice with your appeal application.
*WARNING Code inspection and enforcement trips cost the taYpayers money. ff multiple fips withitt a year to your property aze required to insure
compliance with the law, you may be chazg for the cost of inspecrions and enforcement trips to your proper[y. Such cttarges aze in addirion to any
othet fines or assesstnents which may be l�ed against you and your property.
va60159 5/07
�; , r�
MINLTTES OF THE LEGISLATIVE HEARING
ORDERS TO REMOVE/REPAIR, CONDEMNATIONS,
ABATEMENT ASSE5SMENTS AND ABATEMENT ORDERS
Tuesday, February 12, 2008
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 130 p.m.
STAFF PRESENT: Jack Reazdon, Deparhnent of Safety and Inspection (DSn - Code Enforcement;
and Mai Vang, City Council Offices
1. Appeal of Irwinna Mitsch to a Summary Abatement Order and Vehicle Abatement Order for
property at 804-806 4th Street East.
Irwinna Mitsch, property owner, appeared with her daughter Khris Mitsch.
Mr, Reazdon stated that he received a complaint concerning peeling paint on the exterior of the
house and inspected the property on September 28, 2007 and issued a correction notice with a
compliance date of July 15, 2008. He attended a meeting with the Dayton's Bluff Housing
Committee meeting and someone mentioned that there was a vehicle with expired tabs on the
property. He inspected the property and issued a correction notice on the vehicle on December 24,
2007 with a compliance date of January 4, 2008. He explained that the property owner was in the
process of remodeling the house and since this was in the Dayton's Bluff Historic District, they were
required to work with the HI'C on acceptable standards for remodeling the exterior of the house.
The property owner called and explained that they did not have clear title to the vehicle and
therefore, they were unable to obtain tabs. He granted an extension of time to address the vehicle to
February 4, 2008. His supervisor, Joel Essling, then inspected the property and issued a sumivary
abatement order and a vehicle abatement order on January 30, 2008 with a compliance date of
February 6, 2008. He re-inspected the property and all of the other exterior violations had been
corrected. The only outstanding exterior issue was that the house numbers needed to be put back on
the house. The vehicle, however, was still parked in the driveway with expired license tabs.
Khris Mitsch stated that her son had purchased a truck and the owner did not have clear title to the
truck as there was a lien against it. She repeatedly attempted to contact the previous owner and he
refuses to respond. Since her son did not have clear title, the State would not issue license tabs.
She was told by Ramsey County that she could petition for a court date to clear up the title matter;
however, she would have to do so in Hennepin County since that was where the original owner
lives.
Ms. Moermond explained that the Code was very clear that a vehicle is considered abandoned if it
did not haue current license tabs. The inspector had given an extension of time to clear up the title
matter with the vehicle and then his supervisor issued a vehicle abatement order to take care of the
vehicle. If the City were to tow the vehicle to the impound lot, it wouid likely cost $700 to $800 as
the vehicle would then need to sit in the impound lot for two weeks before the vehicle could be sold
at auction. This cost would be assessed to the property owner. She also suggested that they oould
do what is known as a manager's tow and asked Mr. Reardon to explain that process.
February 12, 2008 Legisiative Hearing Minutes b$ ,�-bb Page 2
Mr. Reardon stated that the properiy owner had the right to call the Police Depariment and request
that they issue a tag for a vehicle that was iliegally parked on the property. The property owner
couid then contact a towing company and have the vehicle towed off the property. The towing
company would give them some money; however, he didn't believe it would be very much.
Ms. Moermond stated that another oprion would be to find a garage where the vehicle could be
towed and then stored until the title work was cleared up. This way, they would still have the
vehicle, it would be in compliance, and they wouldn't be out the money for the cost of the purchase
of the truck. Ms. Moermond stated that she would recommend denying the appeal and granting an
extension to remove the vehicle by the end of business on Friday, February 29.
The hearing adjourned at 1:55 p.m.
Submitted by:
Vicki Sheffer